BILL NUMBER: SB 25	CHAPTERED  10/10/99

	CHAPTER   731
	FILED WITH SECRETARY OF STATE   OCTOBER 10, 1999
	APPROVED BY GOVERNOR   OCTOBER 7, 1999
	PASSED THE SENATE   SEPTEMBER 8, 1999
	PASSED THE ASSEMBLY   SEPTEMBER 7, 1999
	AMENDED IN ASSEMBLY   SEPTEMBER 2, 1999
	AMENDED IN ASSEMBLY   AUGUST 16, 1999
	AMENDED IN ASSEMBLY   JULY 8, 1999
	AMENDED IN SENATE   JUNE 1, 1999
	AMENDED IN SENATE   APRIL 28, 1999
	AMENDED IN SENATE   MARCH 22, 1999

INTRODUCED BY   Senator Escutia
   (Principal coauthors:  Assembly Members Kuehl and Villaraigosa)
   (Coauthors:  Senators Alarcon, Figueroa, Ortiz, Perata, Polanco,
Sher, Solis, and Speier)
   (Coauthors: Assembly Members Alquist, Aroner, Firebaugh, Honda,
Jackson, Knox, Lempert, Mazzoni, Romero, Shelley, Steinberg, Thomson,
Vincent, Washington, and Wildman)

                        DECEMBER 7, 1998

   An act to amend Sections 39606, 39660, and 40451 of, to add
Section 39617.5 to, to add Part 3 (commencing with Section 900) to
Division 1 of, and to add Article 4.5 (commencing with Section
39669.5) to Chapter 3.5 of Part 2 of Division 26 of, the Health and
Safety Code, relating to environmental health protection.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 25, Escutia.  Environmental health protection:  children.
   (1) Existing law requires the State Air Resources Board to adopt
ambient air quality standards in consideration of specified factors,
including public health effects, as provided, and to specify
threshold levels for health effects in listing substances determined
to be toxic air contaminants.  Existing law requires the Office of
Environmental Health Hazard Assessment, upon request of the state
board, to evaluate the health effects of and prepare recommendations
regarding specified substances which may be or are emitted into the
ambient air and that may be determined to be toxic air contaminants.
Under existing law, the state board's request is required to be in
accordance with an agreement that ensures that the office's workload
in implementing these provisions will not be increased over that
budgeted for the 1991-92 fiscal year, as provided.
   This bill would eliminate the requirement for that agreement, and
would impose specified requirements on the state board and the office
generally relating to the protection of infants and children from
environmental health hazards.  The bill would require the state
board, not later than December 31, 2000, to review all existing
health-based ambient air quality standards to determine whether the
standards adequately protect the health of the public, including
infants and children, and to revise the highest priority air quality
standard determined to be inadequate, not later than December 31,
2002.  The bill would require the office, by July 1, 2001, to
establish a list of up to 5 specified toxic air contaminants that may
cause infants and children to be especially susceptible to illness.
The bill would require the state board to review and, as
appropriate, revise any control measures adopted for those toxic air
contaminants, to reduce exposure to those toxic air contaminants, as
provided.
   (2) Existing law requires the South Coast Air Quality Management
District to notify all schools in the South Coast Air Basin whenever
any federal primary ambient air quality standard is predicted to be
exceeded.
   This bill would also require the south coast district to notify
day care centers in that basin, to the extent feasible and upon
request.  The bill would create a state-mandated local program by
imposing new duties on the south coast district.
   (3) The bill would create the Children's Environmental Health
Center within the Environmental Protection Agency to, among other
things, serve as chief advisor to the Secretary for Environmental
Protection and to the Governor on matters within the jurisdiction of
the agency relating to environmental health and environmental
protection as it relates to children.
   (4) This bill would incorporate additional changes to Section
40451 of the Health and Safety Code, proposed by SB 1195, to be
operative only if SB 1195 and this bill are both chaptered on or
before January 1, 2000, and this bill is chaptered last.
  (5) The California Constitution requires the state to reimburse
local agencies and school districts for certain costs mandated by the
state.  Statutory provisions establish procedures for making that
reimbursement, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Infants and children have a higher ventilation rate than
adults relative to their body weight and lung surface area, resulting
in a greater dose of pollution delivered to their lungs.
   (b) Children have narrower airways than adults.  Thus, irritation
or inflammation caused by air pollution that would produce only a
slight response in an adult can result in a potentially significant
obstruction of the airway in a young child.
   (c) Children spend significantly more time outdoors, especially in
the summer, when ozone air pollution levels are typically highest.
National statistics show that children spend an average of 50 percent
more time outdoors than adults.
   (d) Air pollution is known to exacerbate asthma and be a trigger
for asthma attacks in infants and children, 500,000 of whom are
afflicted with this chronic lung disease in California.
   (e) Infant's and children's developing organs and tissues are more
susceptible to damage from some environmental contaminants than are
adult organs and tissues.
   (f) It is the intent of the Legislature in enacting this act, to
require that the state's air quality standards and airborne toxic
control measures be reviewed to determine if they adequately protect
the health of infants and children, and that these standards and
measures be revised if they are determined to be inadequate.
   (g) It is also the intent of the Legislature in enacting this act
to require the State Air Resources Board and the Office of
Environmental Health Hazard Assessment to consider the health impacts
to all populations of children, including special subpopulations of
infants and children that comprise a meaningful portion of the
general population, such as children with asthma, cystic fibrosis, or
other respiratory conditions or diseases, in setting or revising
standards pursuant to this act.
  SEC. 2.  Part 3 (commencing with Section 900) is added to Division
1 of the Health and Safety Code, to read:
      PART 3.  CHILDREN'S ENVIRONMENTAL HEALTH CENTER

   900.  There is hereby created the Children's Environmental Health
Center within the Environmental Protection Agency.  The primary
purposes of the center shall include all of the following:
   (a) To serve as the chief advisor to the Secretary for
Environmental Protection and to the Governor on matters within the
jurisdiction of the Environmental Protection Agency relating to
environmental health and environmental protection as each of those
matters relates to children.
   (b) To assist the boards, departments, and offices within the
Environmental Protection Agency to assess the effectiveness of
statutes, regulations, and programs designed to protect children from
environmental hazards.
   (c) To coordinate within the Environmental Protection Agency and
with other state agencies, regulatory efforts, research and data
collection, and other programs and services that impact the
environmental health of children, and coordinate with appropriate
federal agencies conducting related regulatory efforts and research
and data collection.
   (d) In consultation with the State Air Resources Board and the
Office of Environmental Health Hazard Assessment, and notwithstanding
Section 7550.5 of the Government Code, to report to the Legislature
and the Governor no later than December 31, 2001, on the progress of
the state board and the office toward implementing the act that added
this part during the 1999-2000 Regular Session and to make
recommendations for any statutory or regulatory changes that may be
necessary to carry out the intent of that act to protect the public
health, including infants and children, from air pollutants and toxic
air contaminants.
  SEC. 3.  Section 39606 of the Health and Safety Code is amended to
read:
   39606.  (a) The state board shall do both of the following:
   (1) Based upon similar meteorological and geographic conditions
and consideration for political boundary lines whenever practicable,
divide the state into air basins to fulfill the purposes of this
division.
   (2) Adopt standards of ambient air quality for each air basin in
consideration of the public health, safety, and welfare, including,
but not limited to, health, illness, irritation to the senses,
aesthetic value, interference with visibility, and effects on the
economy.  These standards may vary from one air basin to another.
Standards relating to health effects shall be based upon the
recommendations of the Office of Environmental Health Hazard
Assessment.
   (b) In its recommendations for submission to the state board
pursuant to paragraph (2) of subdivision (a), the Office of
Environmental Health Hazard Assessment, to the extent that
information is available, shall assess the following:
   (1) Exposure patterns, including, but not limited to, patterns
determined by relevant data supplied by the state board, among
infants and children that are likely to result in disproportionately
high exposure to ambient air pollutants in comparison to the general
population.
   (2) Special susceptibility of infants and children to ambient air
pollutants in comparison to the general population.
   (3) The effects on infants and children of exposure to ambient air
pollutants and other substances that have a common mechanism of
toxicity.
   (4) The interaction of multiple air pollutants on infants and
children, including the interaction between criteria air pollutants
and toxic air contaminants.
   (c) In assessing the factors specified in subdivision (b), the
office shall use current principles, practices, and methods used by
public health professionals who are experienced practitioners in the
field of human health effects assessment.  The scientific basis or
scientific portion of the method used by the office to assess the
factors set forth in subdivision (b) shall be subject to peer review
as described in Section 57004 or in a manner consistent with the peer
review requirements of Section 57004.  Any person may submit any
information for consideration by the entity conducting the peer
review, which may receive oral testimony.
   (d) (1) No later than December 31, 2000, the state board in
consultation with the office, shall review all existing health-based
ambient air quality standards to determine whether, based on public
health, scientific literature, and exposure pattern data, the
standards adequately protect the health of the public, including
infants and children, with an adequate margin of safety.  The state
board shall publish a report summarizing these findings.
   (2) The state board shall revise the highest priority ambient air
quality standard determined to be inadequate to protect infants and
children with an adequate margin of safety, based on its report, no
later than  December 31, 2002.  Following the revision of the highest
priority standard, the state board shall revise any additional
standards determined to be inadequate to protect infants and children
with an adequate margin of safety, at the rate of at least one per
year.  The standards shall be established at levels that adequately
protect the health of the public, including infants and children,
with an adequate margin of safety.
   (e) Nothing in this section shall restrict the authority of the
state board to consider additional information in establishing
ambient air quality standards or to adopt an ambient air quality
standard designed to protect vulnerable populations other than
infants and children.
  SEC. 4.  Section 39617.5 is added to the Health and Safety Code, to
read:
   39617.5.  (a) Not later than January 1, 2003, the state board
shall do all of the following:
   (1) Evaluate the adequacy of the current monitoring network for
its ability to gather the data necessary to determine the exposure of
infants and children to air pollutants including criteria air
pollutants and toxic air contaminants.
   (2) Identify areas where the exposure of infants and children to
air pollutants is not adequately measured by the current monitoring
network.
   (3) Recommend changes to improve air pollution monitoring networks
and data collection to more accurately reflect the exposure of
infants and children to air pollutants.
   (b) In carrying out this section, the state board, in cooperation
with the districts, shall expand its existing monitoring program in
six communities around the state in nonattainment areas, as selected
by the state board, to include special monitoring of children's
exposure to air pollutants and toxic contaminants.  The expanded
program shall include placing air pollution monitors near schools,
day care centers, and outdoor recreational facilities that are in
close proximity to, or downwind from, major industrial sources of air
pollutants and toxic air contaminants, including, freeways and major
traffic areas.  The purpose of the air pollution monitors shall be
to conduct sampling of air pollution levels affecting children.
Monitoring may include the use of fixed, mobile, and other monitoring
devices, as appropriate.
   (c) The expanded monitoring program shall include the following:
   (1) Monitoring during multiple seasons and at multiple locations
within each community at schools, day care centers, recreational
facilities, and other locations where children spend most of their
time.
   (2) A combination of upgrading existing fixed monitoring sites,
establishing new fixed monitoring sites, and conducting indoor and
outdoor sampling and personal exposure measurements in each community
to provide the most comprehensive data possible on the levels of
children's exposure to air pollutants and toxic air contaminants.
   (d) Data collected from expanded air quality monitoring activities
conducted pursuant to this section may be used for any purpose
authorized by law, including, but not limited to, determinations as
to whether an area has attained or has not attained the state and
national ambient air quality standards, if the monitoring devices
from which the data was collected meet the monitoring requirements
specified in Section 58.14 of Title 40 of the Code of Federal
Regulations for special purpose monitors, all other monitoring
requirements of Part 58 of Title 40 of the Code of Federal
Regulations, and all applicable requirements specified in regulations
adopted by the state board.
  SEC. 5.  Section 39660 of the Health and Safety Code is amended to
read:
   39660.  (a) Upon the request of the state board, the office, in
consultation with and with the participation of the state board,
shall evaluate the health effects of and prepare recommendations
regarding substances, other than pesticides in their pesticidal use,
which may be or are emitted into the ambient air of California and
that may be determined to be toxic air contaminants.
   (b) In conducting this evaluation, the office shall consider all
available scientific data, including, but not limited to, relevant
data provided by the state board, the State Department of Health
Services, the Occupational Safety and Health Division of the
Department of Industrial Relations, the Department of Pesticide
Regulation, international and federal health agencies, private
industry, academic researchers, and public health and environmental
organizations.  The evaluation shall be performed using current
principles, practices, and methods used by public health
professionals who are experienced practitioners in the fields of
epidemiology, human health effects assessment, risk assessment, and
toxicity.
   (c) (1) The evaluation shall assess the availability and quality
of data on health effects, including potency, mode of action, and
other relevant biological factors, of the substance, and shall, to
the extent that information is available, assess all of the
following:
   (A) Exposure patterns among infants and children that are likely
to result in disproportionately high exposure to ambient air
pollutants in comparison to the general population.
   (B) Special susceptibility of infants and children to ambient air
pollutants in comparison to the general population.
   (C) The effects on infants and children of exposure to toxic air
contaminants and other substances that have a common mechanism of
toxicity.
   (D) The interaction of multiple air pollutants on infants and
children, including the interaction between criteria air pollutants
and toxic air contaminants.
   (2) The evaluation shall also contain an estimate of the levels of
exposure that may cause or contribute to adverse health effects.  If
it can be established that a threshold of adverse health effects
exists, the estimate shall include both of the following factors:
   (A) The exposure level below which no adverse health effects are
anticipated.
   (B) An ample margin of safety that accounts for the variable
effects that heterogeneous human populations exposed to the substance
under evaluation may experience, the uncertainties associated with
the applicability of the data to human beings, and the completeness
and quality of the information available on potential human exposure
to the substance.  In cases in which there is no threshold of
significant adverse health effects, the office shall determine the
range of risk to humans resulting from current or anticipated
exposure to the substance.
   (3) The scientific basis or scientific portion of the method used
by the office to assess the factors set forth in this subdivision
shall be reviewed in a manner consistent with this chapter by the
Scientific Review Panel on  Toxic Air Contaminants established
pursuant to Article 5 (commencing with Section 39670).  Any person
may submit any information for consideration by the panel, which may
receive oral testimony.
   (d) The office shall submit its written evaluation and
recommendations to the state board within 90 days after receiving the
request of the state board pursuant to subdivision (a).  The office
may, however, petition the state board for an extension of the
deadline, not to exceed 30 days, setting forth its statement of the
reasons that prevent the office from completing its evaluation and
recommendations within 90 days.  Upon receipt of a request for
extension of, or noncompliance with, the deadline contained in this
section, the state board shall immediately transmit to the Assembly
Committee on Rules and the Senate Committee on Rules, for transmittal
to the appropriate standing, select, or joint committee of the
Legislature, a statement of reasons for extension of the deadline,
along with copies of the office's statement of reasons that prevent
it from completing its evaluation and recommendations in a timely
manner.
   (e) (1) The state board or a district may request, and any person
shall provide, information on any substance that is or may be under
evaluation and that is manufactured, distributed, emitted, or used by
the person of whom the request is made, in order to carry out its
responsibilities pursuant to this chapter.  To the extent practical,
the state board or a district may collect the information in
aggregate form or in any other manner designed to protect trade
secrets.
   (2) Any person providing information pursuant to this subdivision
may, at the time of submission, identify a portion of the information
submitted to the state board or a district as a trade secret and
shall support the claim of a trade secret, upon the written request
of the state board or district board.  Subject to Section 1060 of the
Evidence Code, information supplied that is a trade secret, as
specified in Section 6254.7 of the Government Code, and that is so
marked at the time of submission, shall not be released to any member
of the public.  This section does not prohibit the exchange of
properly designated trade secrets between public agencies when those
trade secrets are relevant and necessary to the exercise of their
jurisdiction if the public agencies exchanging those trade secrets
preserve the protections afforded that information by this paragraph.

   (3) Any information not identified as a trade secret shall be
available to the public unless exempted from disclosure by other
provisions of law.  The fact that information is claimed to be a
trade secret is public information.  Upon receipt of a request for
the release of information that has been claimed to be a trade
secret, the state board or district shall immediately notify the
person who submitted the information, and shall determine whether or
not the information claimed to be a trade secret is to be released to
the public.  The state board or district board, as the case may be,
shall make its determination within 60 days after receiving the
request for disclosure, but not before 30 days following the
notification of the person who submitted the information.  If the
state board or district decides to make the information public, it
shall provide the person who submitted the information 10 days'
notice prior to public disclosure of the information.
   (f) The office and the state board shall give priority to the
evaluation and regulation of substances based on factors related to
the risk of harm to public health, amount or potential amount of
emissions, manner of, and exposure to, usage of the substance in
California, persistence in the atmosphere, and ambient concentrations
in the community.  In determining the importance of these factors,
the office and the state board shall consider all of the following
information, to the extent that it is available:
   (1) Research and monitoring data collected by the state board and
the districts pursuant to Sections 39607, 39617.5, 39701, and 40715,
and by the United States Environmental Protection Agency pursuant to
paragraph (2) of subsection (k) of Section 112 of the federal act (42
U.S.C. Sec. 7412(k)(2)).
   (2) Emissions inventory data reported for substances subject to
Part 6 (commencing with Section 44300) and the risk assessments
prepared for those substances.
   (3) Toxic chemical release data reported to the state emergency
response commission pursuant to Section 313 of the Emergency Planning
and Community Right-To-Know Act of 1986 (42 U.S.C. Sec. 11023) and
Section 6607 of the Pollution Prevention Act of 1990 (42 U.S.C. Sec.
13106).
   (4) Information on estimated actual exposures to substances based
on geographic and demographic data and on data derived from
analytical methods that measure the dispersion and concentrations of
substances in ambient air.
  SEC. 6.  Article 4.5 (commencing with Section 39669.5) is added to
Chapter 3.5 of Part 2 of Division 26 of the Health and Safety Code,
to read:

      Article 4.5.  Special Provisions For Infants And Children

   39669.5.  The Legislature finds and declares that certain toxic
air contaminants may pose risks that cause infants and children to be
especially susceptible to illness and that certain actions are
necessary to ensure their safety from toxic air contaminants.
   (a) By July 1, 2001, the following shall occur:
   (1) The office, in consultation with the state board, shall
establish a list of up to five toxic air contaminants identified or
designated by the state board pursuant to Section 39657 that may
cause infants and children to be especially susceptible to illness.
In developing the list, the office shall take into account public
exposures to toxic air contaminants, whether by themselves or
interacting with other toxic air contaminants or criteria pollutants,
and the factors listed in subdivision (c) of Section 39660.  The
office shall submit a report containing the list and its reasons for
including the toxic air contaminants on the list to the Scientific
Review Panel on Toxic Air Contaminants established pursuant to
Article 5 (commencing with Section 39670).
   (2) The scientific review panel, in a manner consistent with this
chapter, shall review the list of toxic air contaminants submitted by
the office pursuant  to paragraph (1).  As part of the review, any
person may submit any information for consideration by the panel,
which may receive oral testimony.
   (b) (1) Within two years of the establishment of the list required
pursuant to subdivision (a), the state board shall review and, as
appropriate, revise any control measures adopted for the toxic air
contaminants identified on the list, to reduce exposure to those
toxic air contaminants pursuant to Article 4 (commencing with Section
39665), to protect public health, and particularly infants and
children.
   (2) Within three years of the establishment of the list required
pursuant to subdivision (a), for up to five of those toxic air
contaminants for which no control measures have been previously
adopted, the state board shall prepare a report on the need for
regulations, following the procedure specified in Section 39665.  The
state board shall adopt within that same three-year timeframe, as
appropriate, any new control measures to reduce exposure to those
toxic air contaminants pursuant to Article 4 (commencing with Section
39665), to protect public health, particularly infants and children.

   (c) Beginning July 1, 2004, the office shall annually evaluate at
least 15 toxic air contaminants identified or designated by the state
board pursuant to Section 39657, and provide threshold exposure
levels and nonthreshold health values, as appropriate, for those
toxic air contaminants.  The activities required pursuant to this
subdivision shall continue until all toxic air contaminants are
evaluated.  The levels shall be established pursuant to the
procedures adopted for health and risk assessments pursuant to
paragraph (2) of subdivision (b) of Section 44360, and taking into
account the factors listed in subdivision (c) of Section 39660.
Based on this evaluation, and after review by the scientific review
panel as prescribed in paragraph (2) of subdivision (a), the office
shall update the list established pursuant to subdivision (a), by
July 1, 2005, and each year thereafter.  Within three years of the
initial or subsequent listing update, for up to five of the toxic air
contaminants contained on that list for which no control measures
have been previously adopted, or for at least five of the toxic air
contaminants if more than five toxic air contaminants have been
identified, the state board shall prepare a report on the need for
regulation, following the procedure specified in Section 39665.  The
state board shall adopt within that three-year timeframe, as
appropriate, new control measures, pursuant to Article 4 (commencing
with Section 39665), to reduce exposure to those toxic air
contaminants, to protect public health, and particularly infants and
children.
   (d) Toxic air contaminants evaluated and listed pursuant to this
section shall not include substances in those uses that are not
subject to regulation by the state board pursuant to this chapter.
  SEC. 7.  Section 40451 of the Health and Safety Code is amended to
read:
   40451.  (a) The south coast district shall use the Pollutant
Standards Index developed by the Environmental Protection Agency and
shall report and forecast pollutant levels daily for dissemination in
the print and electronic media.
   (b) Using existing communication facilities available to it, the
south coast district shall notify all schools and, to the extent
feasible and upon request, daycare centers in the South Coast Air
Basin whenever any federal primary ambient air quality standard is
predicted to be exceeded.
   (c) Whenever it becomes available, the south coast district shall
disseminate to schools, amateur adult and youth athletic
organizations, and all public agencies operating parks and
recreational facilities in the south coast district the latest
scientific information and evidence regarding the need to restrict
exercise and other outdoor activities during periods when federal
primary air quality standards are exceeded.
   (d) Once every two months and annually, the south coast district
shall report on the number of days and locations that federal and
state ambient air quality standards were exceeded and the number of
days and locations of these occurrences.
  SEC. 7.5.  Section 40451 of the Health and Safety Code is amended
to read:
   40451.  (a) The south coast district shall use the Pollutant
Standards Index developed by the United States Environmental
Protection Agency and shall report and forecast pollutant levels
daily for dissemination in the print and electronic media.
Commencing July 1, 2001, the south coast district shall also include
in its report and forecast levels of PM2.5 in excess of the 24-hour
federal ambient air standard, as adopted in July 1997, or any
standard adopted by the United States Environmental Protection Agency
that succeeds that standard.
   (b) Using existing communication facilities available to it, the
south coast district shall notify all schools and, to the extent
feasible and upon request, daycare centers in the South Coast Air
Basin whenever any federal primary ambient air quality standard is
predicted to be exceeded.  Commencing July 1, 2001, using
communication facilities available to it, the south coast district
shall also notify all schools in the South Coast Air Basin when the
ambient level of PM2.5 is predicted to exceed the 24-hour federal
ambient air standard, as adopted in July 1997, or any standard
adopted by the United States Environmental Protection Agency that
succeeds that standard.
   (c) Whenever it becomes available, the south coast district shall
disseminate to schools, amateur adult and youth athletic
organizations, and all public agencies operating parks and
recreational facilities in the south coast district the latest
scientific information and evidence regarding the need to restrict
exercise and other outdoor activities during periods when federal
primary air quality standards and the 24-hour federal ambient air
standard for PM2.5, as adopted in July 1997, or any standards adopted
by the United States Environmental Protection Agency that succeed
those standards, are exceeded.
   (d) Once every two months and annually, the south coast district
shall report on the number of days and locations that federal and
state ambient air quality standards were exceeded.  Commencing July
1, 2001, the south coast district shall also include in that report
the number of days and locations on and at which the 24-hour federal
ambient air standard for PM2.5, as adopted in July 1997, or any
standard adopted by the United States Environmental Protection Agency
that succeeds that standard, is exceeded.
  SEC. 8.  Section 7.5 of this bill incorporates amendments to
Section 40451 of the Health and Safety Code proposed by both this
bill and SB 1195.  It shall only become operative if
                             (1) both bills are enacted and become
effective on or before January 1, 2000, (2) each bill amends Section
40451 of the Health and Safety Code, and (3) this bill is enacted
after SB 1195, in which case Section 7 of this bill shall not become
operative.
  SEC. 9.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
